What are the red flags of fraud in real estate transactions?

Ontario, Canada


The following excerpt is from Law Society of Upper Canada v. Nguyen, 2018 ONLSTH 45 (CanLII):

The panel in Law Society of Upper Canada v. Yungwirth[8] enumerated some of the red flags of fraud as follows: It is well established that “red flags of fraud” include: (1) significant changes in prices over short intervals; (2) overlapping parties to multiple transactions; (3) the involvement of non-arms-length or related parties; (4) deviations between the terms of an agreement of purchase and sale and what transpires on closing; (4) [sic] deposits not made by the purported purchaser or other deviations from conventional practices pertaining to commissions and deposits; (5) purported relief given to the purchaser from requirements of the agreement of purchase and sale that would not be expected if the transaction was at arms-length; and (6) mortgage funds directed to third parties with no apparent involvement in the subject transactions.

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